After a two-year legal battle with Chicago-based Victory Records, A Day To Remember is free to release their next full length without the involvement of the record label. The Ocala, FL band had been with the label since their 2007 release For Those Who Have Heart.

In an Order issued yesterday (October 4), U.S District Court Judge John Z. Lee denied Victory Records’ Motion for a Preliminary Injunction in which Victory had sought to block the band from releasing this new album without Victory’s involvement.

A Day To Remember expressed their feelings in a statement released last night: “In May of 2011 we joined the long list of bands that have filed suit against Victory Records. Although our case is still ongoing, we are very pleased with the judge’s decision to allow us to release our next record. The only thing that has mattered to us while dealing with this lawsuit was getting new music to our fans. We are finally going to do that on October 8th and we couldn’t be more excited!”

Despite the lawsuit with Victory Records, frontman Jeremy McKinnon blamed the album’s delay on simply having too much material.

“We had so many songs this time around that it was a pretty demanding process, McKinnon explained to Radio.com in February. “To be honest, we ended up working out more than a double album’s worth of material and we’re just trying to trim it down to make it the best it can be, to where it’s an actual concise record.”

The band self-funded the recording process, so the pressures or limitations that accompany a big record deal didn’t affect them. ADTR had also freed themselves of high studio costs by constructing their own facility in McKinnon’s home.

“We make all the decisions,” McKinnon said. “We’ve never had anybody in our career that got too involved with what we put on a record, how many songs or anything like that.”

Common Courtesy, the band’s fifth studio record,will be available Tuesday, October 8 as a digital download only via ADTR.com.